public safety exception (North Carolina) · Go Syfert
← North Carolina issues

public safety exception in North Carolina

6 North Carolina opinions name it 2 courts 1989–2016 0 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
New York v. Quarlesgreen
scotus · 1984 · cited in 5 North Carolina opinions naming this issue, 1989–2016
2 sentences

2016We disagree with the State's argument that the public safety exception established in New York v. Quarles, 467 U.S. 649 , 104 S.Ct. 2626 , 81 L.Ed.2d 550 (1984), applies.

2016We disagree with the State's argument that the public safety exception established in New York v. Quarles, 467 U.S. 649 , 104 S.Ct. 2626 , 81 L.Ed.2d 550 (1984), applies.

15
Miranda v. Arizonagreen
scotus · 1966 · cited in 2 North Carolina opinions naming this issue, 1993–2005
2 sentences

2005Defendant made his motion before his first trial; the motion was denied on the basis that the statement fell within the public safety exception to Miranda v. Arizona, 384 U.S. 436 , 16 L.

2005Defendant made his motion before his first trial; the motion was denied on the basis that the statement fell within the public safety exception to Miranda v. Arizona, 384 U.S. 436 , 16 L.

12
State v. Crudupgreen
ncctapp · 2003 · cited in 1 North Carolina opinions naming this issue, 2016–2016
2 sentences

2016See State v. Crudup, 157 N.C.App. 657 , 661, 580 S.E.2d 21 , 25 (2003) (holding that the "circumstances in this case exceed the narrow scope of the public safety exception [as] [d]efendant was handcuffed[,] ... surrounded by three officers[,] and [t]here was no risk of imminent danger to the public, the officers, or even to the defendant").

2016See State v. Crudup, 157 N.C.App. 657 , 661, 580 S.E.2d 21 , 25 (2003) (holding that the "circumstances in this case exceed the narrow scope of the public safety exception [as] [d]efendant was handcuffed[,] ... surrounded by three officers[,] and [t]here was no risk of imminent danger to the public, the officers, or even to the defendant").

11
State v. Brooksgreen
nc · 1994 · cited in 1 North Carolina opinions naming this issue, 2005–2005
2 sentences

2005One of those exceptions is the public safety exception, which provides that “questions asked by law enforcement officers to secure their own safety or the safety of the public and limited to information necessary for that purpose are excepted from the Miranda rule.” State v. Brooks, 337 N.C. 132, 144 , 446 S.E.2d 579, 587 (1994).

2005One of those exceptions is the public safety exception, which provides that “questions asked by law enforcement officers to secure their own safety or the safety of the public and limited to information necessary for that purpose are excepted from the Miranda rule.” State v. Brooks, 337 N.C. 132, 144 , 446 S.E.2d 579, 587 (1994).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Where else courts name it

CA 56 (1987–2026) NY 35 (1986–2026) OH 25 (1999–2023) PA 23 (1990–2025) TX 21 (1988–2021) NJ 15 (1988–2025) KS 14 (1990–2026) CT 13 (1990–2016) MA 12 (1996–2025) AZ 12 (1989–2024) MI 12 (2001–2023) IL 9 (1988–2025) OR 8 (1985–2026) CO 8 (2007–2025) NM 8 (1990–2024) KY 7 (2008–2023) WA 7 (1985–2026) DC 7 (1995–2015) VA 7 (1993–2023) IA 7 (1994–2024) NC 6 (1989–2016) ME 6 (1993–2023) WI 6 (1979–2014) MN 6 (1992–2015) OK 4 (2006–2019) MO 4 (1988–2018) FL 4 (1997–2016) WY 3 (2004–2021) WV 3 (2018–2025) MS 2 (2011–2024) DE 2 (2020–2023) NH 2 (1994–2015) UT 2 (1997–2025) IN 2 (2002–2015) SC 2 (2016–2022) GA 2 (2024–2024) MD 2 (1999–2012)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check